Upper Tribunal Administrative Appeals Chamber

[2024] UKUT 440 (AAC)

Fecha: 23-Ago-2024

The basis for a “relevant conduct” barring decision

16.

Paragraphs 3 and 4 of Schedule 3 to the 2006 Act deal with behaviour or “relevant conduct” in relation to children, and are in issue in the present case. So far as is relevant, they provide as follows:

(1) This paragraph applies to a person if—

(a)

it appears to DBSthat the person—

(i)

has (at any time) engaged in relevant conduct, and

(ii)

is or has been, or might in future be, engaged in regulated activity relating to children, and

(b)

DBS proposes to include him in the children’s barred list.

(2)

DBS must give the person the opportunity to make representations as to why he should not be included in the children’s barred list.

(3)

DBS must include the person in the children’s barred list if—

(a)

it is satisfied that the person has engaged in relevant conduct,

(aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children, and

(b)

it is satisfied that it is appropriate to include the person in the list.

10.

(1) For the purposes of paragraph 9 relevant conduct is—

(a)

conduct which endangers a child or is likely to endanger a child;

(b)

conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;

...

(2)

A person's conduct endangers a child if he—

(a)

harms a child,

(b)

causes a child to be harmed,

(c)

puts a child at risk of harm,

(d)

attempts to harm a child, or

(e)

incites another to harm a child.